Millerton, NY asked in Real Estate Law for New York

Q: closing was cancelled due to condition of house

now im getting a big bill for charges acrrued due to searches in regards to title transfer.tax ,title ,minicipal and judgement. i have lost everything and have become a single unemployed mother because of this real estate thing and can not pay any more for a house that i did not buy

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1 Lawyer Answer
Peter Klose
PREMIUM
Peter Klose
Answered
  • Nyack, NY
  • Licensed in New York

A: I am sorry your deal did not occur. Although it is difficult to tell from your post, it sounds as though you were the "buyer" of real property in New York. As your attorney likely told you, New York is a caveat emptor (buyer beware) state. That means, between you, your inspectors, your title company, your attorney, and your other "advisers" you MUST find out whether the house is marketable, safe, comes in the condition you expected, and has the correct municipal approvals. If it does not, and you are permitted to cancel the deal (either before contract, or after), then you must pay your advisers, inspectors, title companies, radon testers, etc. You hired them to do a job, you have an obligation (contractually) to pay for the expenses you incurred trying to find out about the condition of the house. Indeed, short of fraud by the Seller, you can't even sue the seller for your costs to inspect and purchase the house.

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